Commonwealth Numbered Regulations

1995 No. 352 CUSTOMS REGULATIONS (AMENDMENT) - REG 2

2.1 Subregulation 93 (1) (definition of "airport departure area"): Omit the
definition, substitute:

"'departure area' means a part of an airport or wharf that is set aside for
the reception of relevant travellers:

   (a)  after the travellers have complied with the requirements of the laws
        of the Commonwealth relating to the departure of persons for places
        outside Australia; and

   (b)  before the travellers embark on an aircraft or ship for a relevant
        flight or relevant voyage;".

2.2 Subregulation 93 (1) (definition of "on-airport duty free shop"): Omit "an
airport departure area;", substitute "a departure area of an airport;".

2.3 Subregulation 93 (1): Insert the following definition:

"'relevant voyage', in relation to a person who is a relevant traveller, means
the international voyage in relation to which the person is a relevant
traveller.".

2.4 Paragraph 93 (7) (a): After "international flight", insert "or voyage".

2.5 Paragraph 93 (7) (c): After "relevant flight", insert "or relevant
voyage".

2.6 Subparagraph 93 (7) (d) (i): Add at the end "and".

2.7 Subparagraph 93 (7) (d) (iii): Omit the subparagraph, substitute:

"(iii) if the package is of a size that it may, in accordance with the
conditions applicable to the carriage of the relevant traveller on the
relevant flight or relevant voyage, be carried in the cabin of the aircraft or
ship-that is transparent enough for the goods to be easily identified;".

2.8 Subparagraph 93 (7) (e) (ii): Omit the subparagraph, substitute:

"(ii) the following particulars of the intended exportation of the goods by
the relevant traveller on the relevant flight or relevant voyage:

                (A)  the date of departure;

                (B)  the airport or wharf of departure;

                (C)  in the case of a relevant flight-the number or other
                     designation of the flight;

                (D)  in the case of a relevant voyage-the name of the ship and
                     the number or other designation of the voyage;

                (E)  the number or other identification of the traveller's
                     ticket or similar travel document approved by the
                     Collector for the purposes of paragraph 96A (7) (b) of
                     the Act;".

2.9 Subparagraph 93 (7) (g) (iii): Omit the subparagraph, substitute:

"(iii) in relation to the relevant flight or relevant voyage:

                (A)  the date and time of departure; and

                (B)  in the case of a relevant flight-the number or other
                     designation of the flight; and

                (C)  in the case of a relevant voyage-the name of the ship and
                     the number or other designation of the voyage;".

2.10 Paragraph 93 (7) (h): After "cabin of the aircraft", insert "or ship".

2.11 Paragraph 93 (7) (j): Omit "an airport departure area", substitute "a
departure area".

2.12 Subparagraphs 93 (7) (k) (vi) and (vii): Omit the subparagraphs,
substitute:

"(vi) the following particulars of the intended exportation of the goods by
the relevant traveller on the relevant flight or relevant voyage:

                (A)  the date and time of the departure of the flight or
                     voyage;

                (B)  in the case of a relevant flight-the number or other
                     designation of the flight;

                (C)  in the case of a relevant voyage-the name of the ship and
                     the number or other designation of the voyage; and".

2.13 Sub-subparagraph 93 (7) (m) (iii) (A): Omit the sub-subparagraph,
substitute:

"(A) on surrendering a package containing those goods for carriage otherwise
than in the cabin of an aircraft or ship;".

2.14 Sub-subparagraph 93 (7) (m) (iii) (B): Omit the sub-subparagraph,
substitute:

"(B) on taking a package containing those goods into a departure area;".

2.15 Subparagraph 93 (7) (m) (iv): Omit the subparagraph, substitute:

"(iv) if the relevant traveller does not export the goods on the relevant
flight or the relevant voyage, must, not later than noon on the next working
day of the duty free shop after the date specified in the invoice relating to
the goods as the time for the departure of that flight or voyage (in this
subparagraph called 'scheduled departure time'), notify the proprietor
accordingly, and:

                (A)  if the relevant traveller intends to export the goods on
                     a subsequent flight, being a flight departing not more
                     than 48 hours after the scheduled departure time-notify
                     the proprietor of that intention and, at the same time,
                     provide the proprietor with the flight number or other
                     designation, and particulars of the intended date and
                     time of departure, of that flight; or

                (B)  if the relevant traveller intends to export the goods on
                     a subsequent voyage, being a voyage departing not more
                     than 48 hours after the scheduled departure time-notify
                     the proprietor of that intention and, at the same time,
                     provide the proprietor with the name of the ship and
                     voyage number or other designation, and particulars of
                     the intended date and time of departure, of that voyage;
                     or

                (C)  if the relevant traveller does not intend to export the
                     goods as mentioned in sub-subparagraph (A) or (B), at the
                     same time, notify the proprietor accordingly and, not
                     later than the close of business of the duty free shop on
                     the second working day of the shop after the scheduled
                     departure time, return the goods to the shop; and".

2.16 Subparagraph 93 (7) (m) (v): Omit "where, having notified the proprietor,
pursuant to subparagraph (iv) (A), of his or her intention to export the goods
on a flight subsequent to the relevant flight,", substitute "if, having
notified the proprietor, under sub-subparagraph (iv) (A) or (B), of his or her
intention to export the goods on a flight or voyage after the relevant flight
or relevant voyage,".

2.17 Subparagraph 93 (7) (m) (v): Omit "day of departure" (twice occurring),
substitute "date of departure".

2.18 Paragraph 93 (9) (b): Omit "day of departure", substitute "date of
departure".